My uncle sent a RTI application to PIO of CE Bldg Department asking for reply to queries but even after 90 days didn't get the reply.
He then lodged complaint with CIC of Mumbai/Maharashtra but even he is silent.
He then approached Police Station for registration of FIR against PIO under section 409 and police refused as well.
It's all because of Vasooligang of Thackeray government which is done away with but there's no change in functioning of government employees and they as corrupt and arrogant as ever.
What can be done?
Hi,
You can take action against the police who is refusing to file an fir under section 154 of CRPC.
154; Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection
(1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
However, in the event no investigation is conducted by the SP/CP nor is it directed to be conducted through a subordinate officer, the remedy available to the informant/complainant is to approach a Judicial Magistrate of First Class [JMFC], who has the jurisdiction over the concerned police station before which an initial attempt to lodge an FIR was made.
This remedy is available to the informant under Section 156(3) of the CrPC and to avail this remedy, the informant/complainant is required to make an application/complaint before the court of JMFC stating the necessary facts which constitute an offence of cognizable nature.
According to Rule 8 and 9 of the RTI Rules, 2012, you can also file a complaint against the CIC. The guidelines for which are available on the CIC website.
I hope this helps.
Have a good day.
